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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding the fact that the victim opened a door and entered the victim’s residence with the consent of the victim, and did not intrude upon the victim’s residence. 2) Even if the defendant committed an act of taking away the victim’s left arms and background, such as the victim’s statement in misunderstanding the legal principles, the Defendant’s act does not constitute an exercise of force to the extent that it is impossible or considerably difficult to resist the victim’s resistance as the commencement of rape.
3) In the event of the instant crime, the Defendant was under the influence of alcohol at the time of the instant crime, and was in the state of mental or physical disability or mental disability. 4) The lower court’s sentence of unfair sentencing (two years and six months of imprisonment) is too heavy.
B. Prosecutor 1) The exemption of the lower court from the disclosure and notification of personal information to the Defendant who committed an unfair sexual crime subject to exemption from disclosure and notification order of personal information is unreasonable, barring any special circumstance. 2) The lower court’s sentence of unfair sentencing is too minor.
2. Determination
A. As to the Defendant’s assertion of mistake of facts, the lower court also asserted the same purport as the grounds for appeal in this part. In so doing, the lower court determined that the Defendant could have acknowledged without reasonable doubt, on the premise that the victim’s statement, which corresponds to the facts charged in the instant case, was a real experience and is sufficiently believed based on the conviction that the truth was true, by taking into account the circumstances as indicated in its reasoning (Articles 4 through 12 of the lower court’s written judgment) and that the Defendant invaded the victim’s residence against the victim’s will and attempted to have sexual intercourse as such, as in the instant facts charged. 2) First of all, the lower court’s judgment, which was expressed in the appellate court’s first instance judgment,
In addition, the victim's "after completing work in the Daejeon War" at the police station.